Act on the presence or absence of technical capability. On the technical feasibility of installing a metering device. What the law says

In MKD in apartments, citizens, due to technical features, cannot install individual metering devices. They pay according to the standard to resource workers directly. With the introduction of a multiplying coefficient on the standard for not “fitted” housing, the payment of citizens has increased significantly. What do the owners need to do and in what order to officially record the fact that it is impossible to install such a device in order to avoid punishment by a multiplying factor?

What to do?!

According to paragraphs. to (3) clause 33 of the Rules for the provision of public services to owners and users of premises in multi-apartment and residential buildings, approved by Decree of the Government of the Russian Federation No. 354 of May 6, 2011, the consumer of public services has the right to demand that the contractor draw up an act to establish the presence (absence) of technical feasibility installation of individual or common (apartment) metering devices.

Such an act will be the basis for not applying the multiplying factor when calculating the fee for public Utilities in the absence of metering devices.

When drawing up the act, other persons may be present, including the person who is responsible for the maintenance of the common property in the apartment building, members of the council of the apartment building,

A similar authority in terms of determining the technical feasibility of installing a common house metering device is granted to the consumer in clause k (5) of the Rules.

A significant difference for the preparation of acts that determine whether it is technically possible to install a common house metering device from acts relating to individual metering devices is the mandatory participation of a resource supplying organization.

Clause 81 of the Rules assigns the authority to approve the criteria for the presence (absence) of the technical feasibility of installing metering devices, as well as the form of the inspection report and the procedure for filling it out, to the competence of the Ministry of Construction and Housing and Communal Services Russian Federation. In the version of the Rules for the provision of public services, which was in force until February 26, 2014, this authority was granted to the Ministry of Regional Development of the Russian Region.

The criteria, the form of the survey report and the procedure for filling it out were approved by Order of the Ministry of Regional Development of the Russian Region of December 29, 2011 N 627. You can read the full text of the order on the website of NP ZhKKH Control by clicking on .

If the owner-owned premises in an apartment building are not equipped with individual metering devices, and there are no common house metering devices, the obligation to initiate the procedure for drawing up an act on the lack of technical feasibility of their installation is assigned to the owners.

It is necessary to start by contacting the contractor, which is a legal entity, regardless of the legal form, or an individual entrepreneur providing utility services to the consumer.

The contractor is an organization (individual entrepreneur) that manages an apartment building (MC, HOA, housing cooperative, other consumer cooperative).

If the owners have implemented direct management, then the application should be addressed to the resource supply organization.

The Contractor should organize the survey with the preparation of an act.

The order approved the following criteria:

installation of a metering device of the appropriate type according to the design characteristics of an apartment building (residential building or premises) is impossible without reconstruction, overhaul existing in-house engineering systems (in-house equipment) and (or) without creating new in-house engineering systems (in-house equipment);
it is impossible to ensure compliance with the mandatory metrological and technical requirements for a metering device of the appropriate type, including the place and procedure for its installation;
in the place where a metering device of the corresponding type is to be installed, it is impossible to ensure compliance with the mandatory requirements for the operating conditions of the metering device that are necessary for its proper functioning, including due to the technical condition and (or) mode of operation of in-house engineering systems (in-house equipment ), temperature conditions, humidity, electromagnetic interference, flooding of premises, and (or) it is impossible to provide access for taking readings of a metering device of the appropriate type, its maintenance, replacement;

An additional criterion used in determining the possibility of installing individual heat energy metering devices is the presence in the house of a vertical wiring of an engineering heating system, due to design characteristics.

One of the above grounds is sufficient.

The possibility of drawing up an act is not provided for houses put into operation after the entry into force of the Federal Law of November 23, 2009 N 261-ФЗ “On energy saving and on improving energy efficiency and on amending certain ones, since clause 6 of Art. 11 of this law establishes a direct ban on the commissioning of buildings, structures, structures that have been built, reconstructed, undergone major repairs and do not meet the requirements for equipping them with metering devices for the energy resources used. The fact that it is possible to install metering devices in such houses is considered proven.

Please note that the need to draw up an act is due not only to the presence of a multiplying coefficient. In connection with the amendments to the Rules for the provision of public services introduced by Decree of the Government of the Russian Federation No. 1498 dated December 26, 2016, the condition for recalculating utility bills due to the temporary absence of the consumer in the residential premises is the existence of an act on the lack of technical feasibility of installing individual metering devices in such premises .

After drawing up the act, setting a fee taking into account the multiplying factor can be considered as a violation of the procedure for calculating the fee for utilities, which led to its increase, which gives the consumer grounds to demand extrajudicial payment of a fine provided for in clause 155 (1) of the Rules for the provision of utility services to owners and users of premises in multi-apartment and residential buildings, approved by Decree of the Government of the Russian Federation No. 354 of May 6, 2011. The amount of the fine is 50% of the excess of the accrued fee over the amount of the fee that should have been charged.

In many apartments there are still no meters for the consumption of utility resources, and people pay according to the standard - most often more than they would pay according to the readings of the meter. But there are also those who have nowhere to install the meter simply physically, there is too little space, the design of the intra-apartment networks does not allow, it will be difficult to take readings, the pipes are old. How is it legally competent to first equip your housing with meters, and the second to refuse it? We are discussing the topic with Denis Sedov, director of the MBU "Contact Center under the Mayor of Ulyanovsk".

- Denis Konstantinovich, what are the criteria for the technical feasibility of installing a meter and what significance do they have for a particular tenant of a particular apartment?

- The installation of metering devices for the consumption of communal resources is regulated by several regulatory legal acts. Firstly, this is the Law No. 261-FZ of November 23, 2009 "On Energy Saving ...". Secondly, these are the Rules for the provision of public services No. 354 of 05/06/2011. And, thirdly, Order No. 627 of December 29, 2011, which is called “On approval of the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of an inspection report for establishing the presence (lack) of the technical possibility of installing such devices and the procedure for its filling.

The law introduces the obligation of consumers to install metering devices - both general and individual. The rules regulate the procedure for accounting for resource consumption, and the Order with this long name determines under what conditions it is possible to install meters and under which it is not. But the criteria, I emphasize, are developed not so much to determine the possibility of actually installing the device, but to determine whether the metering device can be used when calculating utility bills. Here is such a nuance.

- Is it possible that an already installed device may be considered unsuitable for calculating payments?

- It turns out like this - based on whether the device itself, the place of its installation and the operating conditions meet the criteria prescribed in the Order. The first of them can be called absolute: the technical conditions for installing metering devices a priori exist in houses put into operation after the entry into force of the Law "On Energy Saving ...". It's November 27, 2009. There are features of the installation of individual heat energy metering devices, which require horizontal wiring of in-house engineering systems, while in most multi-apartment residential buildings in operation today it is vertical. Obviously, there are conditions for fitting not only in houses newly built after November 27, 2009, but also in houses put into operation on that date after a major overhaul or reconstruction. That is, the legislator actually obliges developers to fit such houses even before they are settled, and future residents no longer need to worry about this.

— And what about houses built before November 2009?

- For houses put into operation before November 27, 2009, the criteria are set in Appendix 1 to the Order. To conclude that it is not technically possible to install a meter, it is sufficient to identify at least one of the following circumstances:

- installation of a metering device of the appropriate type according to the design characteristics of an apartment building or premises is impossible without reconstruction, overhaul of in-house engineering systems or in-house equipment or without the creation of new systems and equipment;

- when installing a meter, it is impossible to ensure compliance with the mandatory metrological and technical requirements for the meter, including the place and procedure for its installation, imposed in accordance with Russian legislation on ensuring the uniformity of measurements and on technical regulation;

- in the place where the metering device is to be installed, it is impossible to ensure the requirements for the operating conditions of the device that are necessary for its proper functioning. Including due to the technical condition of the in-house equipment, humidity, temperature, electromagnetic interference. Or it is impossible to provide access for taking readings, servicing the meter, replacing it.

If during the survey it is revealed that the above circumstances are absent, then there is a technical possibility for installing the appropriate metering device.

Who is conducting this survey?

- According to the Order, during the inspection, the owner of the dwelling may be present (and if an application for the installation of an individual metering device is submitted, then his presence is necessary), a representative of the RNO, a representative of an organization servicing common property, who will provide, if necessary, access to the border of networks, where usually and the device is installed, other persons. At the same time, the presence of representatives of the authorities is not mandatory. Based on the results of the survey, an act is drawn up - its form is given in Appendix No. 2 to the Order, in which it is concluded that there is a technical possibility for installing a meter or its absence. In the event that one of the participants in the survey has a dissenting opinion about its results, an entry about it is made in the act. One copy of the act is handed to each of those present.

In whose name is the citizen applying?

- Paragraph 9 of Article 13 of the Law "On Energy Saving ..." the obligation to install metering devices, their operation and replacement is assigned to resource supply organizations (RSO), which are not entitled to refuse to conclude an agreement with persons who have applied to them, since it is public. The procedure for concluding the contract and its essential terms were approved by the Order of the Ministry of Energy of Russia No. 149 dated April 17, 2010. Upon receipt of an application from the customer, the RSO must conduct an inspection of the facility in order to verify the technical feasibility of installing the device. If it is available, RCO sends the customer a contract signed on its part and technical conditions that the customer has to fulfill before installing the meter. And in the absence of technical feasibility, a refusal to conclude an agreement is sent to the customer. If the owner of the premises turned not to the RSO, but to some other company, then she is not obliged to sign the contract or draw up an inspection report for the possibility of installing the device, and this moment may come up only later, when the installed meter is entered by the manager organization (executors) into operation. The contractor may find that the installed metering device is not suitable for use in calculating utility bills. It will discover, in other words, just what the criteria for the presence or absence of technical feasibility for installing metering devices were developed for. And he can draw up an act about it.

- The law also provides for the compulsory appropriation of houses and apartments. How is it done in this case?

- Yes, the deadlines for the voluntary installation of metering devices of all types, except for thermal ones, have expired, and the RSO must do this forcibly, providing the owners with an installment plan for five years in paying for the instrumentation work. It also follows from the meaning of the legal documents that if, for some reason, the object is unsuitable for installing meters, the resource workers themselves must perform all the work to prepare, say, intra-apartment engineering systems for instrumentation, and then install the metering devices themselves. This can greatly increase the costs of owners to equip their homes with metering devices. To imagine this working in practice, however, is quite difficult. Rather, the RSO will conclude that it is not technically possible to install the device.

Gennady Yakimchev

"On approval of the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of an inspection report to establish the presence (absence) of the technical feasibility of installing such metering devices and the procedure for filling it out"

Edition of 12/29/2011 - Valid from 09/01/2012

MINISTRY OF REGIONAL DEVELOPMENT OF THE RUSSIAN FEDERATION

ORDER
dated December 29, 2011 N 627

On approval of the criteria for the availability (lack) of the technical ability to install an individual, general (apartment), collective (generalical) accounting devices, as well as the form of an act of examination for establishing the availability (lack) of the technical ability to install such metering devices and the order of its fill

1. Approve:

criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices in accordance with Appendix No. 1 to this order;

the form of the inspection report to establish the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices in accordance with Appendix No. 2 to this order;

the procedure for filling out an inspection report to establish the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices in accordance with Appendix No. 3 to this order.

3. Not later than 10 days from the date of signing, the Department of Housing and Communal Services shall send this order for state registration to the Ministry of Justice of the Russian Federation.

4. To impose control over the execution of this order on the Deputy Minister of Regional Development of the Russian Federation A.A. Popov.

And about. Minister
V.A.TOKAREV

2. It is not technically possible to install a metering device of the appropriate type in an apartment building (residential building or premises), with the exception of an apartment building (residential building or premises) specified in paragraph 5 of this document, if the survey reveals the presence of at least one of criteria below:

a) installation of a metering device of the appropriate type according to the design characteristics of an apartment building (residential building or premises) is impossible without reconstruction, overhaul of existing in-house engineering systems (in-house equipment) and (or) without the creation of new in-house engineering systems (in-house equipment);

b) when installing a metering device of the corresponding type, it is impossible to ensure compliance with the mandatory metrological and technical requirements for the metering device of the corresponding type, including the place and procedure for its installation, imposed in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation;

c) in the place where the metering device of the corresponding type is to be installed, it is impossible to ensure compliance with the mandatory requirements for the operating conditions of the metering device of the corresponding type, which are necessary for its proper functioning, in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation, including due to the technical condition and (or) mode of operation of in-house engineering systems (in-house equipment), temperature conditions, humidity, electromagnetic interference, flooding of premises, and (or) it is impossible to provide access for taking readings of a metering device of the appropriate type, its maintenance, replacements.

3. It is not technically possible to install an individual, common (apartment) heat energy meter in the premises of an apartment building, with the exception of the apartment building specified in paragraph 5 of this document, if, according to the design characteristics, the apartment building has a vertical wiring of in-house engineering heating systems.

4. It is technically possible to install a metering device of the appropriate type in an apartment building (residential building or premises), with the exception of an apartment building (residential building or premises) specified in paragraph 5 of this document, if during the examination of the technical feasibility of installing a metering device of the appropriate type the absence of the criteria specified in paragraphs 2 and 3 of this document will be found.

5. With regard to apartment buildings (residential buildings or premises), for which the Federal Law of November 23, 2009 N 261-FZ "On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation" (Collected Legislation of the Russian Federation Federation, 2009, N 48, item 5711; 2010, N 19, item 2291, N 31, item 4160, item 4206; 2011, N 29, item 4288, item 4291, N 30, item 4590 , N 49, item 7061, N 50, item 7344, 7359, N 51, item 7447) there is a requirement to equip them on the date of their commissioning with certain types of metering devices for energy resources, the technical possibility of installing such metering devices is available.

6. The results of a survey of the technical feasibility of installing a metering device of the appropriate type are indicated in the survey report to establish the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices.

Appendix No. 2
to the order of the Ministry
regional development
Russian Federation
dated December 29, 2011 N 627

2. In paragraph 2 of the survey report, the last name, first name, patronymic of each person - representative legal entity(individual entrepreneur) conducting the survey, as well as the details of the document confirming the authority of this person to conduct the survey (power of attorney, assignment, order, etc.).

3. Paragraph 3 of the examination report shall indicate the last name, first name, patronymic of each person present during the examination, including:

A representative of a legal entity (individual entrepreneur) responsible for the maintenance of the common property of the owners of premises in an apartment building, as well as the name of such a legal entity (last name, first name, patronymic) individual);

The owner (representative of the owner) of the premises, residential building, in respect of which an application has been submitted for the installation of an individual, common (apartment) metering device;

Other persons participating in the survey.

4. In paragraph 4 of the survey report, the type of metering device is indicated, for the installation of which a survey of the presence (absence) of the technical feasibility of its installation is being carried out:

Individual or common (apartment) or collective (common house);

Meter for cold water, hot water, electric energy, natural gas, thermal energy.

5. In paragraph 5 of the survey report, the address of the apartment building (residential building or premises) is indicated in which the survey is being carried out for the technical feasibility of installing a metering device of the appropriate type.

6. Paragraph 6 of the survey report indicates the method of conducting the survey: by inspection or using tools / measuring instruments.

If a tool is used during the survey, its name and characteristics are indicated.

If a measuring instrument is used during the survey, its name, metrological characteristics and the date of expiration of the next check interval are indicated.

7. Paragraph 7 of the survey report indicates the results of the survey, namely the presence or absence of the technical feasibility of installing a metering device of the appropriate type.

8. Paragraph 8 of the survey report is filled in if during the survey it is found that it is not technically possible to install a metering device of the corresponding type, indicating the specific criteria identified during the survey for the lack of technical feasibility of installing a metering device of the corresponding type.

9. Paragraph 9 of the survey act is filled in if any of the persons present during the survey has a dissenting opinion regarding the course of the survey and the results of the survey.

In this case, paragraph 9 of the examination report shall indicate the last name, first name, patronymic of the present person who has a dissenting opinion, as well as the content of the dissenting opinion.

10. Paragraph 10 of the survey report indicates the number of copies of the completed report, which must correspond to the number of persons present during the survey.

The drawn up acts are handed over to each of the persons present during the examination.

"Housing and communal services: accounting and taxation", 2012, N 9

Together with the new Rules for the provision of public services, from 01.09.2012 another one came into force normative act- Order of the Ministry of Regional Development of Russia dated December 29, 2011 N 627 "On approval of the Criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of an inspection report to establish the presence (absence) of the technical feasibility of installation such metering devices and the Procedure for filling it out "(hereinafter - Order N 627). What are the nuances practical application this document? In what cases is it necessary to identify the technical feasibility and draw up an act?

About the normative document itself

Order N 627 consists of three parts. The first part (Appendix 1) contains the Criteria for the presence (absence) of the technical feasibility of installing meters. These Criteria have been developed to determine the possibility of using metering devices when calculating utility bills. This is a very important point. It turns out that physically meters can be installed in any case, but their readings can be taken into account when paying for utilities only if the criteria under consideration are met.

Criteria for the technical feasibility of installing a meter

The first criterion (absolute) is named in paragraph 5 of Appendix 1 to Order N 627. The technical possibility of installing metering devices is available in MKD, in respect of which the Law on Energy Saving<1>a requirement was established to equip them on the date of commissioning with certain types of metering devices for energy resources. Here you need to refer to paragraph 7 of Art. 13 of the Law on Energy Saving, which establishes the following:

MKD put into operation after 11/27/2009, on the date of their commissioning, must be equipped with general house metering devices (GPU) for water, heat and electricity and individual metering devices (IPU) for water and electricity (with reference to paragraph 5 of the same articles);
MABs put into operation after 27.11.2009, on the date of their commissioning, must be equipped with natural gas ISP (with reference to clause 5.1 of the same article);
MKD, put into operation from 01.01.2012 after construction or reconstruction, must be additionally equipped with thermal energy ISP;
MKD, put into operation from 01/01/2012 after a major overhaul, must be equipped with thermal energy ISP if it is technically possible to install them.

<1>Federal Law No. 261-FZ of November 23, 2009 "On Energy Saving and Improving Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation".

In other words, in all houses put into operation after construction<2>after 11/27/2009, it is technically possible to install a water, heat and electric power plant and a water, natural gas and electricity plant, and after 01/01/2012 - also a heat plant. In fact, the legislator actually obliged developers to install these metering devices, which means that the owners of the premises should not need the criteria in question, because they should not be concerned about installing meters.

<2>Despite the fact that in paragraph 7 of Art. 13 of the Law on Energy Saving refers to the commissioning after construction, reconstruction and overhaul, we believe that here we should keep in mind the commissioning of only newly built houses. With reconstruction and repair - a completely different story.

All other criteria do not affect the category of houses discussed above. This means that the remaining criteria apply to MFBs built before 11/27/2009. The simplest criterion concerns the possibility of installing an IPU of thermal energy in an MKD room: this is not possible if, according to the design characteristics of the MKD, it has a vertical wiring of in-house engineering systems (HIS) heating. It is noteworthy that paragraph 3 of Appendix 1 to Order N 627 refers to the application of this criterion to all houses, except for those indicated in paragraph 5. Recall that in paragraph 7 of Art. 13 of the Law on Energy Saving specifies that houses put into operation after reconstruction from 01/01/2012 must be equipped with thermal energy ISP. From this we can draw the following conclusion: even if, according to the design characteristics of an MKD, put into operation before 11/27/2009, it has a vertical distribution of HIS heating, such a house, being subjected to reconstruction (with a completion date after 01/01/2012), must be equipped with an IPU of heat. It turns out that the reconstruction of houses, which is completed after 01/01/2012, should include the replacement of the vertical distribution of HIS heating with a horizontal one. It can be recalled here that the reconstruction of an MKD is a serious procedure, which is regulated by the Urban Planning Code and requires at least a building permit.

For your information. Failure to comply with the requirements of energy efficiency in the design, construction, reconstruction, overhaul of buildings, structures, structures, the requirements for their equipment with metering devices for the energy resources used is recognized as a composition administrative offense, provided for in paragraph 3 of Art. 9.16 of the Code of Administrative Offenses of the Russian Federation.

At the same time, the commissioning of an MKD in the same period after a major overhaul does not make the installation of an ISP for heat energy mandatory if there is no technical possibility. Indeed, the overhaul is not associated with a change in the design characteristics of MKD.

Paragraph 2 of Annex 1 to Order N 627 establishes criteria that are relevant for all houses built before 11/27/2009 and identified during the survey. These criteria are valid in relation to the GTC and ITC of all types of energy resources. To conclude that it is not technically possible to install a meter in an MKD (room), it is sufficient to identify at least one of the following circumstances:

installation of a metering device of the appropriate type according to the design characteristics of MKD (premises) is impossible without reconstruction, overhaul of existing VIS (in-house equipment) and (or) without the creation of new VIS (in-house equipment);
when installing a metering device of the corresponding type, it is impossible to ensure compliance with the mandatory metrological and technical requirements for the metering device of the corresponding type, including the place and procedure for its installation, imposed in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and technical regulation;
in the place where the metering device of the corresponding type is to be installed, it is impossible to ensure compliance with the mandatory requirements for the operating conditions of the metering device of the corresponding type, which are necessary for its proper functioning, in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and technical regulation, which are necessary for its proper functioning, including for the technical condition and (or) mode of operation of the VIS (in-house equipment), temperature conditions, humidity, electromagnetic interference, flooding of premises, and (or) it is impossible to provide access for taking readings of a meter of the appropriate type, its maintenance, replacement.

If, during the survey of the technical feasibility of installing metering devices, the absence of these circumstances is established (and according to the IPU of heat energy, there is also the absence of vertical wiring of the VIS), then there is a corresponding possibility.

Survey report

Paragraph 6 of Appendix 1 to Order N 627 states that the results of a survey of the technical feasibility of installing a metering device are indicated in the relevant act. The form of the act is given in Appendix 2, and the procedure for filling it out is in Appendix 3. Let's pay attention to some nuances.

Firstly, the survey is carried out by specialists of a legal entity or an individual entrepreneur, and not by officials of any authority.

Secondly, the survey may be attended by both the owners of the premises in the MKD or their representatives (and this is necessary if an application for the installation of an ISP is submitted), and representatives of the organization (IE) responsible for the maintenance of the common property in the MKD (taking into account the fact that the OPU usually installed at the edge of networks, the intended installation site of the OPU must be accessed, which such organizations can give), as well as other persons. It is important that the explanation to column 3 of the survey act makes it clear that all these persons may not be present during the survey.

Thirdly, the act indicates the presence or absence of the technical feasibility of installing a particular type of meter. In the second case, a specific criterion for the absence of such a possibility should be named.

Fourth, it is allowed that those present at the examination may have a dissenting opinion, obviously different from the opinion of the person conducting the examination. This point of view should also be recorded in the act.

Fifthly, a copy of the act is issued to each person who was present at the examination.

Place and role of the act in the system of legal regulation

In connection with the publication of Order N 627, a lot of publications appeared in the press with the following content: "The owners of the premises are not in all cases obliged to install metering devices for communal resources, the lack of appropriate technical capability exempts them from such a duty." Such comments look as if the owner of the premises in the MKD is against the installation of metering devices with all his might, and the lack of technical capability gives him a chance to avoid this.

Meanwhile, if we consider the place of Order No. 627 in the system of legislation on energy saving, as well as housing legislation, the situation appears in a somewhat different light.

First, given the state's course towards widespread "appliance", it must be remembered that consumption standards, one way or another determining the amount of utility bills in the absence of metering devices, should be set in such a way as to stimulate the installation of meters. And this is a more effective measure compared to a strict order to install meters by a certain date in the absence of any sanctions for non-performance and the prospect of compulsory payment of the costs of their installation by a third party. This means that, other things being equal, the owner of the premises should be interested in installing metering devices. But this directly applies only to the IPU. Despite the fact that a similar rule applies to the standards for the consumption of utilities for general house needs, the actual consumption for general house needs (and even more so the volume of resource losses in the VIS) is beyond the control of each individual owner of the premises, and management companies are not interested in reducing real consumption (in exclusion of unreasonable, irrational and non-contractual consumption).

Secondly, it seems that RNOs are primarily interested in installing metering devices (mainly operating systems, and in their absence, also IPUs). The ratio of standards and volumes of real consumption may fluctuate, and it is possible to receive payment for the supplied communal resource in full only if there is an operating facility in the house. Taking into account the new procedure for calculating the volume of the resource supplied to the MKD, the management companies no longer bear the burden of paying for the so-called imbalance (if the house has an ISP, but no OPU). Therefore, the legislator imposed the obligation to forcibly install metering devices (GPU and IPU) on the most interested person. We will keep these two conclusions in mind in what follows.

But let's get back to the criteria for the technical possibility of installing meters in the system of current legislation.

Obligation of owners to install metering devices

We emphasize that the Law on Energy Saving only provides for the obligation of owners of premises in MKD to install meters<3>and contains no indication of exemption from this obligation in the absence of technical feasibility. An exception applies to the thermal energy ISP, which should be installed after the commissioning of the MKD after a major overhaul (after 01/01/2012) only if it is technically possible. Indeed, let us recall clause 2 of Appendix 1 to Order N 627: circumstances indicating a lack of technical capability are quite surmountable. So, after reconstruction, overhaul or the creation of new VIS and in-house equipment, a metering device can be installed. Overhaul of the common property in the MKD can make it possible to comply with the mandatory requirements for the operating conditions of the device at the place of its installation (temperature conditions, humidity in technical basements, etc.). In other words, having set out to fulfill their obligation to install meters, the owners of the premises may not refer to the lack of technical capability, but change the state of the in-house equipment, VIS and, in general, common property so that the possibility of installing metering devices appears. That is why the presence or absence of technical capability is determined on a specific date of the survey.

<3>Until 01.07.2012 - IPU of water, heat and electricity, IPU of water, electricity, until 01.01.2015 - IPU of natural gas. There is no obligation to install a thermal energy ISP by any date and is associated only with the reconstruction after 01.01.2012 (then the installation of a thermal energy IPU is mandatory) and overhaul of the MKD (then the thermal energy IPU is installed if it is technically possible).

But then why was Order No. 627 adopted at all?

Agreement on the installation of a metering device

Let us turn to paragraph 9 of Art. 13 of the Law on Energy Saving, which says that from 01.07.2010 RNO<4>are obliged to carry out activities for the installation, replacement, operation of metering devices for the used energy resources, the supply of which or the transfer of which they carry out. The RNO has no right to refuse to conclude an agreement with persons who have applied to them. Although the price of such an agreement is determined by agreement of the parties, the contract must provide for a five-year installment plan (if the party to the contract is the owner of the premises in the MKD or the person responsible for the maintenance of the MKD), which can be especially beneficial for potential customers.

<4>More precisely, organizations that supply water, natural gas, heat and electricity or their transmission and whose engineering and technical support networks are directly connected to the networks that are part of the engineering and technical equipment of facilities to be equipped with metering devices used energy resources.

The procedure for concluding and the essential terms of such an agreement are approved by Order of the Ministry of Energy of Russia dated April 7, 2010 N 149 (effective from July 18, 2010) (hereinafter referred to as the Procedure). The document emphasizes that the contract is public. This means that the RSO's refusal to conclude this agreement, if it is possible to provide the consumer with the relevant services, perform the relevant work for him, is not allowed (clause 3 of article 426 of the Civil Code of the Russian Federation). Here we come to the technical feasibility of installing metering devices. After receiving an application from the customer, the RSO must inspect the facility in order to check whether it is technically possible to install, replace and (or) operate the meter. If it is technically possible to perform the work specified in the application, the contractor sends a draft contract signed on its part, as well as technical conditions in case of installation of a metering device. Further, in clause 11 of the Procedure it is explained: unless otherwise provided by federal laws, other regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, agreement of the parties to the contract, the technical specifications must contain a list of measures taken by the customer for the technical preparation of the object for installation (replacement) metering device. Accordingly, in the absence of technical feasibility, RSO sends a refusal to conclude a contract to the customer. It is important to understand three things:

The procedure does not contain references to the fact that the criteria for the availability of technical feasibility should be determined by the authorized authority;
The procedure entered into force on 07/18/2010, and Order No. 627 - only on 09/01/2012;
surmountable obstacles to the installation of the metering device must be specified in the technical specifications that the customer must comply with so that the RCO can install (replace) the metering device.

From all that has been said, it follows that in this situation Order N 627 is not mandatory, the RSO is not required to draw up an inspection report (and could not do this until 09/01/2012, when the deadline for the voluntary installation of the main part of metering devices had already expired). If the owner of the premises in the MKD or his representative applied for the installation of an IPU or an OPU to another company (not to the RSO), the latter is not even obliged to conclude an agreement, since it is not public, not to mention drawing up an inspection report.

Forced installation of metering devices

The period of forced installation of metering devices by the RSO has already begun (from 07/01/2012 to 07/01/2013 - for all meters, except for natural gas IMS, for which the deadline comes much later, and thermal energy IMS). The basic rules for the forced installation of meters are described in paragraph 12 of Art. 13 of the Law on Energy Saving. Here, too, there is no mention of technical feasibility: the obligation of the RSO to carry out actions to equip the premises in the MKD and the MKD itself, IPU and OPU, is formulated as absolute. The owners are obliged to ensure the admission of the RSO to the installation sites of metering devices and pay the corresponding costs. However, it is not enough to install metering devices, they must also be put into operation, that is, the possibility of using them to calculate utility bills must be documented. And this is the purpose of determining the criteria for the availability of technical feasibility. Therefore, it turns out that the RSO must take all the necessary actions to install and put the meters into operation (both directly installing the meter and bringing its installation site in line with the mandatory requirements of the legislation on ensuring the uniformity of measurements and technical regulation). This means that the expenses of the RSO, payable by the owners of the premises, can amount to a rather impressive amount.

Thus, we see that Order No. 627 does not in any way affect the obligation of the owners of premises to install metering devices, except (in some cases) for thermal energy metering devices, and the obligation of RSO to forcibly equip MKDs with such meters.

Commissioning of metering devices

At the same time, we recall that Order No. 627 was adopted in pursuance of paragraphs. "d" clause 4 of Decree of the Government of the Russian Federation of 05/06/2011 N 354, and this Decree also approved the new Rules for the provision of public services (hereinafter referred to as the new Rules). By the way, they have the same dates of entry into force. According to paragraph 81 of the new Rules, equipping the premises with metering devices, putting the installed meters into operation, proper technical operation, safety and timely replacement must be ensured by the owner of the premises. At the same time, the commissioning of the installed metering device (documenting the metering device as a metering device, according to the indications of which the amount of payment for utilities is calculated) must be carried out by the utility service provider at the request of the owner of the premises no later than a month following the day of its installation. It is in this paragraph of the new Rules that there is the only reference in the legislation to Order N 627: Criteria for the presence (absence) of the technical feasibility of installing metering devices, as well as the form of an inspection report to establish the presence (absence) of the technical feasibility of installing metering devices and the procedure for filling it out are approved Ministry of Regional Development of the Russian Federation. At the same time, according to paragraphs. "t", "y" of clause 31 of the new Rules, the contractor is obliged not to create obstacles for the consumer in exercising his right to install an IMS that meets the requirements of the legislation on ensuring the uniformity of measurements, and to put such a meter into operation. Since the criteria for the availability of technical feasibility have been established in order to determine the possibility of using metering devices of the appropriate type when calculating fees for utility services (clause 1 of Appendix 1 to Order N 627), the lack of technical feasibility of installing a meter, identified in accordance with Order N 627, actually makes it impossible its commissioning (the use of its testimony when calculating utility bills)<5>. Thus, an act on the lack of technical feasibility of installing a meter can be drawn up by a utility contractor invited to put the meter into operation, and should become the basis for refusing to accept the installed meter into operation.

<5>Such a conclusion is more fair in relation to the criteria given in paragraphs. "b" and "c" p. 2 of Appendix 1 to Order N 627. The criterion from paragraphs. "a" of the same paragraph (installation of a meter is impossible without reconstruction, repair, creation of new VIS and in-house equipment) is an objective obstacle to the installation of a meter.

* * *

The criteria for the presence or absence of the technical feasibility of installing metering devices do not always mean the physical possibility or impossibility of installing a particular meter. They testify to the circumstances that make it possible or impossible to use the readings of metering devices when calculating utility bills (the main thing is the compliance of the metering device, the place of its installation with mandatory technical requirements). This means that the utility service provider is not entitled to allow the commissioning of such meters. However, the lack of technical capability does not affect the obligation of the owners of the premises to install metering devices by 07/01/2012 and the obligation of the RSO to forcibly mount such meters before 07/01/2013 (an exception in some cases is the IPU of thermal energy). Therefore, one way or another, meters must be installed, even if for this it is necessary to carry out some activities that are part of the complex of works and services for the maintenance and repair of common property. If the owners of the premises have not done so voluntarily, the RSO will have to take such actions and recover the corresponding costs from them.

D.V. Durnovo

Chief Editor

№ 2-2478/2015

SOLUTION(not entered into force)

In the name of the Russian Federation

Chernovsky District Court of Chita

as part of the presiding judge Kuklina I.V.,

under the secretary Eliseeva E.Yu.,

examined in open court, at the premises of the court, a civil case on the statement of claim of the prosecutor Chernovsky district. Chita in the interests of Podezzhey T.P. to the Public Joint Stock Company "Territorial Generating Company No. 14" on the fulfillment of the obligation,

u s t a n o v i l:

The prosecutor of the Chernovsky district of the city of Chita in the interests of Podezzhey T.P. appealed to the court with the above-named claim, referring to the following:

The prosecutor's office of the Chernovsky district of Chita conducted an inspection of compliance with the housing rights of citizens, the reason for which was the collective appeal of the residents of the house, including Podezzhey T.P. In the course of the audit, the fact of unlawful identification by the resource supplying organization of PJSC TGC No. 14 in the heat energy meter located in the common house was established. A common house metering device is installed on the basis of the requirements of Part 5 of Art. 13 Federal Law No. 261 “On energy saving and energy efficiency improvement and on amendments to certain legislative acts of the Russian Federation” and order of the Ministry of Regional Development of the Russian Federation of December 29, 2011 No. 627. According to the meaning of these documents, the installation of energy metering devices is not possible if for this requires reconstruction, overhaul or the creation of new in-house engineering systems; if it is impossible to ensure compliance with the technical requirements for the place and procedure for their installation, the conditions of in-house engineering systems (in-house equipment), temperature, humidity, electromagnetic interference, the impossibility of providing access to them for taking readings, maintenance, replacement. The presence of these circumstances must be confirmed by the relevant act drawn up by the person conducting the survey in the approved form. The metering device in the indicated house was installed by TGC No. 14 in DD.MM.YYYY, while the survey report to establish the presence (absence) of the technical feasibility of installing the metering device was not drawn up, the survey was not conducted. According to the act of examining the intra-house heating and hot water supply networks of a residential building at the address: drawn up by Progress Management Company LLC DD.MM.YYYY in the presence of the owners of the residential building, the pipeline of the heating risers is in poor condition, replacement of up to 80% is required, the valve on the heating risers with a diameter 20 mm require replacement up to 90%. By the decision of the Central District Court of the city of Chita dated DD.MM.YYYY, it was denied satisfaction of the requirements of the deputy prosecutor of the city of Chita on the obligation of TGC No. 14 to equip residential buildings with metering devices for the used heat energy, including due to the lack of technical feasibility installation of metering devices, since the risers of hot water supply and heating in this house require replacement by an order of magnitude from 80 to 90%. From DD.MM.YYYY to the present, no overhaul of the internal heating system has been carried out. From the inspection report from DD. MM.YYYY compiled by Progress Management Company LLC, it follows that there is no technical possibility of installing a collective meter. Installation is impossible without reconstruction, overhaul of existing intra-house engineering systems. Thus, despite the need for a major overhaul of engineering networks, TGC No. 14 PJSC, in violation of the requirements of the Law on Energy Saving, installed a common house heat energy meter in a residential building, which was put into operation in violation of the requirements of the law. An illegally installed metering device cannot be used for settlements with residents of the house, including those from Podezzhaya T.P. In fact, the actions of TGC No. 14 violated the rights of residents of an apartment building who are direct consumers of utilities and pay for utilities consumed, including for general house needs, since the installation of general house metering devices on engineering networks that require major repairs entails an increase in utility bills of consumers, including for general house needs due to technological losses occurring due to heavy wear of networks.

He asks the court to recognize the actions of TGC No. 14 PJSC to install a collective (common house) heat energy meter in an apartment building located at the address: illegal and oblige to dismantle this meter within 10 days from the date the court decision comes into force .

At the hearing the representative of the plaintiff deputy prosecutor Chernovsky district. Chita Polorotova A.The. she supported the claims in full, additionally explained that the basis for going to court was the collective statement of the residents of the house, including pensioner Podezzhey T.P., who did not agree with the installation of the meter. According to the Energy Saving Law, until DD.MM.YYYY, residents of apartment buildings were required to install common house meters for water, electricity, and heat. However, not in all houses it is necessary and possible to install common house meters. By order of the Ministry of Regional Development of the Russian Federation No. 627 dated November 29, 2011, it was determined that the installation of utility meters is not possible if this requires reconstruction, major repairs, and the creation of new intra-house systems. It is necessary to fix that the house is not suitable for installing metering devices in a special act, which must be drawn up by the management company or the HOA. Since in this case two acts were drawn up, by the Management Company and TGC No. 14 PJSC, which contradict each other, it is necessary to turn to the opinion of an independent specialist, such is the specialist of the GZhI, who during the trial confirmed the need for a major overhaul of engineering networks by installing them significant wear and tear. In addition, PJSC TGC No. 14, an inspection report to establish the presence (absence) of the technical feasibility of installing an ODPU before installing the device, as required by Order No. 627, was not carried out and was not drawn up, which is confirmed by the decision of the Central District Court of Chita, which was denied in satisfaction of the statement of claim to compel TGC No. 14 to equip this residential building with a heat energy meter. Since the decision of the court, major repairs of engineering networks have not been carried out and the state of the networks has not changed in two years. better side, because the maintenance carried out by the management company only allows you to maintain the system until the overhaul.

Plaintiff Driving up T.P. at the hearing, she upheld the claims in full, additionally explained that the meter was installed on DD.MM.YYYY, and the residents only learned about its installation in DD.MM.YYYY, then it broke down. The issue of installing the meter was not coordinated with the residents.

The representative of the defendant PJSC "TGC No. 14" Zholob N.T., acting on the basis of a power of attorney from DD.MM.YYYY, did not recognize the claims at the court session, additionally explained that the resource supply organizations were obliged to commit by DD.MM.YYYY actions to equip apartment buildings with common house metering devices in cases where the owners of residential premises did not install these devices on their own. Pursuant to Federal Law No. 261-FZ, PJSC TGC No. 14 installed a common house heat metering unit in the house. The main argument of the prosecutor's office about the illegality of installing a heat meter is the fact that there is no technical possibility of such an installation. The Respondent disagrees with this argument for the following reasons. An act drawn up by TGC No. 14 PJSC DD.MM.YYYY in the presence of the owner of the residential premises established the technical feasibility of installing a common house metering device (hereinafter referred to as the ODPU) of thermal energy. At the time of the inspection, a satisfactory condition of the heating networks was recorded, no leaks. There is no need for reconstruction of heating networks. Order of the Ministry of Regional Development of the Russian Federation No. 627, approved the criteria for the presence (absence) of the technical feasibility of installing metering devices, does not contain a list of persons who are given the right to assess the availability of technical feasibility, as well as requirements for the competence and qualifications of such persons. The act dated DD.MM.YYYY on the lack of technical feasibility of installing the ODPU was drawn up by representatives of Progress Management Company LLC. At the same time, in the absence of any expertise, without the use of any tools or measuring instruments, the specialists of the management company were able not only to determine the need for a major overhaul of networks, but also the need for network reconstruction. At the same time, in the act, the specialists of the management company indicated the working condition of all elements of the elevator assembly, the absence of leaks, gusts, the state of the "dry" basement. Thus, the reliability of the data indicated in the act on the deterioration of the heating system, compiled by the management company, is called into question. In addition, the argument about the need for a major overhaul speaks of a failure to fulfill obligations for the proper maintenance of the common property of the owners of the premises by the management company. The decision to carry out a major overhaul must be made by the owners of the premises in the apartment building, such a decision was not presented in the case file, nor was evidence presented that the said house is dilapidated, emergency or subject to demolition. According to clause 202 of Appendix No. 1 to the Regional Program for the Capital Repair of Common Property in Multi-apartment Buildings Located in the Trans-Baikal Territory, the repair of the in-house engineering heat supply network is scheduled for DD.MM.YYYY, which indicates a satisfactory condition of the heat supply networks at the time of the adoption of this program - DD.MM.YYYY year, otherwise the repair would have been scheduled earlier. This residential building consists of 100 apartments. At the same time, the costs of installing the metering device were fully paid by the tenants of 9 apartments, with respect to 28 apartments, agreements on payment by installments were concluded. ODPU was put into operation on DD.MM.YYYY. The device is installed, functioning, being serviced, no failures, resource leaks were recorded, including when re-checking. The statements of the plaintiff's representative about the violation of the rights of residents are premature, since the device was installed in August and accruals based on the readings of the meter will begin to be made from DD.MM.YYYY, and therefore, there is no talk of an increase in utility bills due to resource leakage. LLC UK Progress maintains 56 houses, and for all houses acts have been drawn up on the impossibility of installing an ODPU. He asks the court to dismiss the claims.

The representative of the defendant PJSC «TGC № 14» Gaychuk V.A., acting on the basis of a power of attorney from DD.MM.YYYY, did not appear at the hearing, the date, time, place of the case was duly notified. From the explanations given in previous court hearings, it follows that indeed after the installation of the ODPU there were problems due to incorrect calibration and since the device was under warranty service, after it was adjusted, the ODPU was put into operation on DD.MM.YYYY.

The representative of a third party LLC UK «Progress» Plyaskina Oh.A., acting on the basis of a power of attorney from DD.MM.YYYY, at the hearing believes that the prosecutor's claims are subject to satisfaction. The management company began servicing the said house in DD.MM.YYYY, and from DD.MM.YYYY the management company was informed about the maintenance of intra-house networks, while the specialists of PJSC TGC No. 14 did not appear for drawing up the acceptance certificate. The management company surveyed the entire house, not just the basement. When the heating season begins, residents of this house receive a large number of complaints about the presence of leaks, gusts, etc., which indicates the improper state of the intra-house networks. The house where Podezzhaya T.P. lives was built in DD.MM.YYYY and has never been overhauled.

Witness K.N.G. at the hearing, explained that she conducted an inspection at the request of the court in a residential building located at: . Based on the results of the inspection of this house, massive damage to the DHW and heating pipelines was established, severe rust damage, there are traces of repairs in some places. Stop valve defective. On the pipeline, at the place of installation of the meter, a leak (drip leak) was detected, but the exact place of the leak, before or after installed counter, unknown. The condition of the engineering networks of this house has reached the level of a major overhaul, and therefore, the installation of an ODPU without its implementation is impossible. In addition, this house has a single-pipe system, which means that in order for it to flow hot water, consumers need to pass water for about 20 minutes, and if the charge is made by the meter, then payment will be charged for the entire amount of water, including the one that was not used.

After listening to the explanations of the plaintiff and his representative, representatives of the defendant and a third party, the testimony of witnesses, examining the case materials, the court comes to the following:

In accordance with paragraph 1 of Art. 13 of the Federal Law of November 23, 2009 No. 261 - FZ “On Energy Saving and on Increasing Energy Efficiency and on Amending Certain Acts of the Russian Federation”, produced, transmitted, consumed energy resources are subject to mandatory accounting using metering devices used energy resources. The requirements of this article regarding the organization of accounting for used energy resources do not apply to dilapidated, emergency facilities, facilities subject to demolition or major repairs before DD.MM.YYYY.

Clause 5 of this article establishes the obligation of the owners of premises in apartment buildings to ensure that such houses are equipped with metering devices for used water, heat energy, electric energy, as well as putting the installed metering devices into operation until DD.MM.YYYY.

In accordance with paragraph 9 of this article, organizations that supply water, natural gas, thermal energy, electric energy or their transmission and engineering and technical support networks, which are directly connected to networks that are part of the engineering and technical equipment of facilities subject to in accordance with the requirements of this article, equipping with metering devices for used energy resources, are obliged to carry out activities for the installation, replacement, operation of metering devices for used energy resources, the supply of which or the transfer of which they carry out.

As established in the court session of PJSC "TGC No. 14" in DD.MM.YYYY in a residential building at the address: a common house heat energy meter (hereinafter - ODPU) was installed. As follows from the explanations of the representative of the defendant, the device was re-commissioned on DD.MM.YYYY, which was not disputed by the parties in court, and is also confirmed by the act of re-admission to operation of the heat metering unit dated DD.MM.YYYY (ld).

By order of the Ministry of Regional Development of the Russian Federation of December 29, 2011 No. 627 “On approval of the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of an inspection report to establish the presence (absence) of technical the possibility of installing such metering devices and the procedure for filling it out ”(hereinafter referred to as the Order), the criteria for the presence (absence) of the technical feasibility of installing a collective (general house) metering device, as well as the form of the inspection report, were approved.

According to paragraphs 2, 4 of the above Order, it is not technically possible to install a metering device of the appropriate type in an apartment building (residential building or premises), with the exception of an apartment building (residential building or premises) specified in paragraph 5 of this document, if during the survey it is revealed the presence of at least one of the following criteria: installation of a metering device of the appropriate type according to the design characteristics of an apartment building (residential building or premises) is impossible without reconstruction, overhaul of existing in-house engineering systems (in-house equipment) and (or) without creating new in-house engineering systems (in-house equipment); when installing a metering device of the corresponding type, it is impossible to ensure compliance with the mandatory metrological and technical requirements for the metering device of the corresponding type, including the place and procedure for its installation, imposed in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation; in the place where a metering device of the corresponding type is to be installed, it is impossible to ensure compliance with the mandatory requirements for the operating conditions of the metering device of the corresponding type, which are necessary for its proper functioning, in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation, which are necessary for its proper functioning, including due to the technical condition and (or) mode of operation of in-house engineering systems (in-house equipment), temperature, humidity, electromagnetic interference, flooding of premises, and (or) it is impossible to provide access for taking readings of a meter of the appropriate type, its maintenance, replacement. It is technically possible to install a metering device of the appropriate type in an apartment building (residential building or premises), with the exception of an apartment building (residential building or premises) specified in paragraph 5 of this document, if during the examination of the technical feasibility of installing a metering device of the appropriate type it is established the absence of the criteria specified in paragraphs 2 and 3 of this document.

As established in the court session DD.MM.YYYY JSC "TGC No. 14" with the participation of the owner T.T.V. at the address: about which the corresponding act was drawn up (ld). Based on the results of the survey, it was established that it was technically possible to install a common house heat energy meter. Similar conclusions were also made by the specialists of TGC No. 14 when drawing up an act dated DD.MM.YYYY (ld).

At the same time, according to the inspection report dated DD.MM.YYYY, compiled by the specialists of Progress Management Company LLC, there is no technical possibility of installing a collective (common house) metering device, without reconstruction, overhaul of existing house engineering networks (ld).

As established from the technical passport, a residential building located at: built in DD.MM.YYYY (ld).

The arguments of the plaintiff's representative about the need for a major overhaul in the house at: are confirmed by the GZhI inspection report dated DD.MM.YYYY, from which it follows that during the inspection of the basement of the residential building at lines), severe rust damage, traces of repair in some places, malfunction of shut-off valves, corrosion of system elements, leaks (drip leaks) on the pipeline at the installation site of the meter. The state of engineering networks of this house has reached the level of major repairs (l.d.). These circumstances are also confirmed by the testimony of witness K.N.G. From the application log submitted by Progress Management Company LLC, it was found that the residents of this house during DD.MM.YYYY repeatedly applied to the management company with applications regarding the presence of leaks on the DHW and heating risers (l.d.).

During the DD.MM.YYYY repeated commission inspection of the house heating and hot water supply networks of this house, the conclusion about the satisfactory condition of the house heating and water supply networks was made by the chief specialist of the Housing and Utilities Committee and the deputy. head of the inspection of PJSC "TGC No. 14", while other members of the commission: deputy. head of the inspection department of the GZHI and Ch. engineer of Progress Management Company LLC, indicated the need for a major overhaul and replacement of equipment (ld).

Also, the unsatisfactory condition of the intra-house networks is confirmed by the inspection report dated DD.MM.YYYY, drawn up by Progress Management Company LLC in the presence of the owners of residential premises, in connection with the transfer from DD.MM.YYYY of the intra-house networks to the maintenance of the management company, according to which the elevator node and water heaters require major repairs, shut-off valves require replacement, there are no devices for measuring pressure and temperature at the heating unit, the pipeline of heating risers is in poor condition and requires replacement of up to 80%, valves on heating risers require replacement of up to 90%, pipelines of hot water supply risers require replacements up to 90%, while in relation to the heating and hot water supply pipelines, a satisfactory condition (s.d.) was established.

The specified house of Progress Management Company LLC was listed among the houses that need major repairs (ld).

In addition, by decision of the Central District Court of Chita dated DD.MM.YYYY, the claims of Deputy of the Prosecutor of the Ingodinsky District of Chita, in the interests of an indefinite circle of persons, to TGC No. 14 OJSC on the obligation of TGC No. 14 OJSC to equip with heat energy metering devices, including at the address: At the same time, as follows from the decision, at the time of consideration of the case, in the response, the representative of the defendant OAO “TGK No. 14”, referred to the fact that it was impossible to equip residential buildings with metering devices, due to the lack of technical capability (ld). Evidence that from DD.MM.YYYY of the year and at the time of the consideration of the case, the house was undergoing major repairs, including intra-house engineering networks, by the representatives of the defendants, the court was not presented.

Evaluating the evidence presented in aggregate, the court concludes that at the time of installation in DD.MM.YYYY of the year ODPU, the defendant PJSC "TGC No. 14" violated the procedure established by the current legislation, namely, the meter was installed without conducting a survey of the technical feasibility of its installation . The survey by the defendant was carried out on DD.MM.YYYY, the results of which established the technical feasibility of installing a common house heat energy meter, while when considering the case in the Central District Court of Chita in DD.MM.YYYY, the representative of TGC No. 14 ” referred to the lack of technical feasibility of installing the ODPU and did not provide evidence to the contrary to the court. Intra-house engineering networks of an apartment building at: are in poor condition and require major repairs, which is confirmed by the materials of the case and the testimony of a witness. The established circumstances, according to the court, testify to the impossibility of installing a common house metering device, since in this case, for the proper functioning of the metering device, a satisfactory technical condition of the intra-house networks was not ensured.

decided:

Satisfy claims.

Recognize the actions of the Public Joint Stock Company "Territorial Generating Company No. 14" to install a collective (common house) heat energy meter in a multi-apartment residential building located at: illegal and oblige to dismantle this meter within 10 days from the date the court decision becomes legal strength.

Collect from the Public Joint Stock Company "Territorial Generating Company No. 14" a state duty to the local budget in the amount of rubles.

The decision can be appealed to the appeal within a month from the date of the decision of the court in final form to Zabaykalsky Regional Court through the Chernovsky District Court. Chita.

Judge AND.The. Kuklina

The decision in a reasoned form was made on October 29, 2015.